Nuclear Regulatory Commission September 2010 – Federal Register Recent Federal Regulation Documents

The Nuclear Regulatory Commission (NRC) is reopening the public comment period for the proposed rule that was published on July 27, 2010 (75 FR 43865). The proposed rule would amend the regulations by revising the provisions applicable to the licensing and approval processes for byproduct, source and special nuclear material licenses, and irradiators to clarify the definitions of ``construction'' and ``commencement of construction''. The comment period for this proposed rule, which closed on September 27, 2010, is reopened and will remain open until November 29, 2010.

The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The NRC published a Federal Register Notice with a 60-day comment period on this information collection on June 30, 2010. 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: 10 CFR Part 34, ``Licenses for Radiography and Radiation Safety Requirements for Radiographic Operations.'' 3. Current OMB approval number: 3150-0007. 4. The form number if applicable: N/A. 5. How often the collection is required: Applications for new licenses and amendments may be submitted at any time. Applications for renewal are submitted every 10 years. Reports are submitted as events occur. 6. Who will be required or asked to report: Applicants for and holders of specific licenses authorizing the use of licensed radioactive material for radiography. 7. An estimate of the number of annual responses: 1,116 (371 reporting responses plus 745 recordkeepers). 8. The estimated number of annual respondents: 745 (647 Agreement State licensees plus 98 NRC licensees). 9. An estimate of the total number of hours needed annually to complete the requirement or request: 284,868 hours (503 reporting + 284,365 recordkeeping). The NRC licensees' total burden is 37,681 hours (69 reporting plus 37,612 recordkeeping). The Agreement State licensees' total burden is 247,187 hours (434 reporting plus 246,753 recordkeeping). 10. Abstract: 10 CFR Part 34 establishes radiation safety requirements for the use of radioactive material in industrial radiography. The information in the applications, reports and records is used by the NRC staff to ensure that the health and safety of the public is protected and that licensee possession and use of source and byproduct material is in compliance with license and regulatory requirements. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, Maryland 20852. OMB clearance requests are available at the NRC worldwide Web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by October 29, 2010. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date.

The NRC is conducting a public meeting to solicit public input on the draft policy statement on the protection of cesium-137 chloride (CsCl) sources that was published in the Federal Register on June 29, 2010 (75 FR 37483). During the public meeting, the NRC will request public comments on the issues discussed in this document. Additionally, the NRC is requesting names of individuals to participate at the public meeting in a round table discussion of the issues discussed in Section III of this document. The purpose of this document is to announce the date and location of the public meeting which were not finalized in the June 29, 2010, document, as well as to publish an Issues Paper which will serve as a framework for the discussion of the major issues in the draft policy statement in the public meeting.

The NRC is conducting a series of public meetings, in the format of facilitated roundtable workshops, to solicit early public input on major issues associated with potential updates to NRC's radiation protection regulations and guidance in light of recommendations presented in the International Commission on Radiological Protection (ICRP) Publication 103 (2007). To aid in that process, the NRC is requesting comments on the issues discussed in this notice. The NRC has not initiated rulemaking on this subject, and is seeking early input and views on the benefits and impacts of options to be considered before making any decision on whether to proceed with a rulemaking. Each meeting will include a panel of participants, selected in a convening process to represent the diversity of stakeholders for these issues, including the various uses of radioactive materials licensed by the NRC. In addition to the panel, the NRC is encouraging observation and participation by all interested individuals. The meeting agenda will specifically include opportunities for viewpoints to be expressed from individuals in attendance who are not members of the panel. The NRC plans to transcribe the meetings.

The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The NRC published a Federal Register Notice with a 60-day comment period on this information collection on June 23, 2010. 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: 10 CFR Part 21 ``Reporting of Defects and Noncompliance''. 3. Current OMB approval number: 3150-0035. 4. The form number if applicable: NA. 5. How often the collection is required: On occasion, as defects and noncompliance are reportable as they occur. 6. Who will be required or asked to report: Individual directors and responsible officers of firms constructing, owning, operating, or supplying the basic components of any facility or activity licensed under the Atomic Energy Act of 1954, as amended, or the Energy Reorganization Act of 1974, as amended, to report immediately to the NRC the discovery of defects in basic components or failures to comply that could create a substantial safety hazard (SSH). 7. An estimate of the number of annual responses: 122 (74 responses plus 48 recordkeepers). 8. The estimated number of annual respondents: 48. 9. An estimate of the total number of hours needed annually to complete the requirement or request: 8,926 hours (5,350 hours reporting plus 3,576 hours recordkeeping). 10. Abstract: The 10 CFR part 21 regulation requires each individual, corporation, partnership, commercial grade dedicating entity, or other entity subject to the regulations in this part to adopt appropriate procedures to evaluate deviations and failures to comply to determine whether a defect exists that could result in a substantial safety hazard. Depending upon the outcome of the evaluation, a report of the defect must be submitted to NRC. Reports submitted under 10 CFR part 21 are reviewed by the NRC staff to determine whether the reported defects or failures to comply in basic components at NRC licensed facilities or activities are potentially generic safety problems. These reports have been the basis for the issuance of numerous NRC Generic Communications that have contributed to the improved safety of the nuclear industry. The records required to be maintained in accordance with 10 CFR part 21 are subject to inspection by the NRC to determine compliance with the subject regulation. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by October 27, 2010. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date.

In response to incidents involving radioactive contamination of groundwater wells and soils at nuclear power plants, the Nuclear Regulatory Commission (NRC) convened a Groundwater Task Force (GTF) in March 2010 to determine whether past, current, and planned actions should be augmented. The GTF, in its final report dated June 2010, determined that the NRC is meeting its mission of protecting public health, safety, and the environment. However, in view of stakeholder concerns, the GTF recommended that the NRC consider changes to its oversight of licensed material outside of its designed confinement. The NRC established a senior management review group to evaluate the GTF report, identify next steps, and make recommendations to the Commission about potential policy changes. The NRC will host a meeting with the public to discuss and solicit input on the potential policy changes being considered. The meeting will serve as a forum for members of the public to provide oral comments. The NRC is also requesting written comments on the potential policy issues, particularly for those members of the public unable to attend the meeting. The potential policy issues can be found in Section C, ``Topics for Discussion: Potential Policy Issues,'' in the SUPPLEMENTARY INFORMATION section of this notice.

The U.S. Nuclear Regulatory Commission (NRC) is advertising for nominations for the patients' rights advocate position on the Advisory Committee on the Medical Uses of Isotopes (ACMUI). Nominees should have professional or personal experience with or knowledge about patient advocacy. Also, involvement or leadership with patient advocacy organizations is preferred.